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HomeMy WebLinkAboutORD 1289BILL NO. 2 ORDINANCE NO. 1289 BY COUNCILMAN Carter ' 1 AN ORDINANCE TO AMEND TITLE 4 BY ADDING THERETO CHAPTER 21 TO THE CITY CODE OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, WHICH SAID CHAPTER 21 SHALL PROVIDE FOR CONVALESCENT VAN, TOGETHER WITH LICENSE REQUIRED AND THE LICENSE FEE AND TERM THEREOF, TOGETHER WITH APPLICATION FOR CONVALESCENT LICENSE AND INVESTIGA_- TION AND APPROVAL OR REVOCATION OF LICENSE, AND PROVIDING THAT SCHEDULE OF FEES BE POSTED, ALSO PROVIDING OVERLOADING PROHIBI- TIONS AND PARKING ZONES, TOGETHER WITH MANNER OF PARKING AND PROVIDING THE ZONES MAY BE ORDERED VACATED AND PROVIDING FOR PARKING TIME LIMIT AND REVOCATION OF LICENSE FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Title 4 of the City Code of Caldwell, County of Canyon, State of Idaho, be amended by adding thereto Chapter 21, which shall be hereinafter designated as Title 4, Chapter 21, of the City Code of Caldwell, Idaho, to wit: 4 -21 -1 DEFINITION: The term "Convalescent Van" when used in this Chapter shall mean: Any motor propelled vehicle, with or without a taximeter, used in the busi- ness of transporting handicapped persons for compensation upon and /or over the public thoroughfares of the City of Caldwell; excepting, however, such motor transportation commonly known as "buses engaged in the business of transporting persons for compensation over the public highways between fixed termini within the City of Caldwell over a regular route and being operated with a permit from the Public Utilities Commission of the State of Idaho. The word "person" shall mean and include all natural persons, co- partnerships, corporations, and associations and shall include persons of both sexes. The word "handicapped 'person" shall mean and include all natural persons and shall include persons of both sexes who are either confined to a wheelchair or are handicapped in such a way that the use of a wheelchair would facilitate the movement of such person from one place to another. 4 -21 -2 LICENSE REQUIRED: It shall be unlawful for any person to operate any "Convalescent Van" without having first obtained a license therefor. 4 -21 -3 LICENSE FEES; TERM: Convalescent Van licenses shall be issued annually by the City Clerk with the consent and approval of the Mayor and Council and shall expire on December 31 of each year. The fee for each Convalescent Van license shall be twanty -five dollars ($25.00) per annum for the first vehicle and five dollars ($5.00) for each additional vehicle, operated by any one person, payable annually on or before January 1 of each year. 4 -21 -4 APPLICATION; INVESTIGATION: All applica- tions for a Convalescent Van license shall be made to the City Clerk, shall be in writing and set forth and specify the following information: Whether the appli- cant be an individual; if an individual, his name and business address; former occupation; number and kind of vehicles for which the license is made; State License number of vehicle or vehicles; and the seating capacity of each vehicle, or vehicles, for which license is requested; whether the person making the application is to drive said car personally, and if not, the name or names of the driver or drivers to operate vehicle or vehicles; also the location proposed for its Convalescent Van Parking Zone. In addition: If a partnership, the names and addresses of the partners; if a corporation, the corporate name, and the names of the officers and directors. Also the amount of capital stock of said corporation. The City Clerk shall refer said application to the Council and Mayor for consideration and approval. The Council may, if the applicant for a license is, in their opinion, a fit and proper person to carry on the business referred to in said application and this Chapter, and provided further that the bond and /or insurance policy referred to and provided to be furnished in this Chapter shall have been furnished and approved by the Mayor and Council, direct the City Clerk to issue said license upon payment of the license fee as in this Chapter provided. The Chief of Police shall investigate the character and qualifications of all applicants for license under this Chapter, and report to the Council his recommenda- tions as to whether or not a license shall be issued to said applicant. 4 -21 -5 INSURANCE REQUIRED: The Council shall require, before granting any person a license as a Convalescent Van operator such person to procure and file with the City Clerk liability and property damage insur- ance, issued to the owner of such Convalescent Van, which shall be in the form of the standard automobile liability and property damage insurance in customary use, to be approved by the City Attorney, and issued by an insurance company licensed to do business in the State of Idaho, said policy to secure payment, in accordance with the provisions thereof, to any person, except employees of the owner, for personal injuries to such persons and for any damage to property, except property owned by, rented to, leased by, in charge of, or transported by the owner, other than baggage of passengers, caused by operation of such Convalescent Van; the amount of said indemnity for said loss in the respective classifications aforesaid, to be named and provided for in such insurance shall be set from time to time by resolution by the Council, and it shall be unlawful for any person to operate any Convalescent Van without first having secured and filed such form and amount as the Council shall approve. Failure upon the part of the person operating said Con- valescent Van to keep in force and effect said insurance shall be sufficient cause for revocation of his license. 4 -21 -6 COUNCIL MAY REVOKE LICENSE: Nothing in this Chapter contained shall be construed to deprive the Council of the right and power to revoke any license issued for any reason that may be just and sufficient. 4 -21 -7 SCHEDULE TO BE POSTED: The schedule of fares, together with the name of the owner and driver of said Convalescent Van shall be printed in bold faced type and plainly posted in such a manner and place in said Convalescent Van in such a manner that the same may be readily readable and legible to the passenger therein, and shall be approved, printed and posted in such a manner and place in said Convalescent Van as shall be approved by the Chief of Police; and it shall be unlawful for any Convalescent Van to operate without such identi- fication therein; said card shall be in substantially the following form: State Car License . . . . . . Operating Under City License No. . . Name of Owner . . . . . . . . . . . . Name of Driver. . . . . . . . . . . Schedule of Fares . . . . . . . . . . 4 -21 -8 OVERLOADING PROHIBITED: It shall be unlaw- ful for any person operating a Convalescent Van to carry more persons that the rated seating capacity of said motor vehicle as given by the manufacturer of said motor vehicle, or in the case of necessary modifications no more than the number of persons as approved by the Council, and not more than one person shall occupy the front seat with the driver at the same time while the same is in operation. 4 -21 -9 PARKING ZONES: The Chief of Police shall, when any person is licensed to operate a Convalescent Van, cause to be marked off along the parking in front of his designated place of business, "A Parking Zone" or "Convalescent Van Stand" in such size as the Chief of Police shall deem necessary and adequate to accommddate the vehicle or vehicles of said person so licensed, provided, however, that no Convalescent Van parking zone shall be set aside or marked off in front of any ground floor place of business without the consent of the person operating said business, and provided further that the location of all Convalescent Van parking zones shall be first approved by the Mayor and Council before being marked and set off as such. The Chief of Police may authorize other parking places as he deems necessary to be used during the loading and unloading process. 4 -21 -10 MANNER OF PARKING: Convalescent Van park- ing zones shall be plainly marked, and it shall be unlaw- ful for any person or persons other than the licensed Convalescent Van operator assigned to said space or zone to park therein. 4- 21 -11 ZONES MAY BE ORDERED VACATED: Said Convalescent 'Van parking Zone shall be vacated at any time by the person occupying the same for the public safety and convenience upon orders from the Chief of Police, Fire Chief, or Mayor and in such event, the Convalescent Van operator may temporarily be assigned another parking zone for its use. 4 -21 -12 PARKING TIME LIMIT: No time limit shall be imposed upon licensed persons operating Convalescent Vans when such vans are within the Convalescent Van parking zones assigned by the Chief of Police. 4 -21 -13 REVOCATION OF LICENSE: Failure upon the part of any person operating a Convalescent Van to comply with, observe, and obey the provisions of this Chapter shall be just and sufficient cause for revoking of said license. Section 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE COUNCIL of the City of Caldwell this 2nd day of January, 1973. APPROVED BY THE MAYOR of the City of Caldwell this 2 nd day of January, 1973. �7 ATTEST: '; /City C1erL